Federal Court of Australia
Federal Court of Australia
McCardle v Johnson (No 3) [2023] FCA 790 File number(s): QUD 100 of 2021
Judgment of: DOWNES J
Date of judgment: 11 July 2023
Date of publication of reasons: 12 July 2023
Catchwords: PRACTICE AND PROCEDURE – applicant ordered more than 16 months ago to provide security for costs and to file and serve any further amended statement of claim by 1 April 2022 – no security provided – no updated pleading filed and served – no application for leave to appeal or appeal brought – no demonstrated intention to prosecute proceedings in the future – proceedings dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 56(4)
Cases cited: McCardle v Johnson [2021] FCA 1528 McCardle v Johnson (No 2) [2022] FCA 168 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2023] HCA 15
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 45
Date of hearing: 11 July 2023
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the First Respondent: Wallmans Lawyers
Solicitor for the Second Respondent: Australian Government Solicitor
ORDERS QUD 100 of 2021
BETWEEN: ROXANNE MARIE MCCARDLE Applicant
AND: GREGG ROBERTSON JOHNSON First Respondent
INSPECTOR-GENERAL IN BANKRUPTCY Second Respondent
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